USPTO Patents Application 09646349

United States Patent and Trademark Office

UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450

Alexandria, Virginia 223 1 3- 1 450
www.uspto.gov

APPLICATION NO.

FILING DATE

FIRST NAMED INVENTOR

ATTORNEY DOCKET NO.

CONFIRMATION NO.

09/646,349

01/03/2001

Hironao Okayama

OK.AYAMA2

9117

1444 7590 02/02/2004

BROWDY AND NEIMARK, P.L.L.C.
624 NINTH STREET, NW
SUITE 300

WASHINGTON, DC 20001-5303

EXAMINER

YUN, JUR1E

ART UNIT

PAPER NUMBER

2882

DATE MAILED: 02/02/2004

Please find below and/or attached an Office communication concerning this application or proceeding.

PTO-90C (Rev. 10/03)

)

VKy

Application No. Applicant(s)

HQ/RAG 1AQ OKAYAMA FT Al

Advisory Action

Annlir*atinn No

09/646,349

ADDlicantfs)

OKAYAMA ET AL.

Examiner

UAUI 1 III Iwl

Jurie Yun

Art Unit

2882

-The MAILING DATE of this communication appears on the cover sheet with the correspondence address

THE REPLY FILED 09 January 2004 FAILS TO PLACE THIS APPLICATION IN CONDITION FOR ALLOWANCE.
Therefore, further action by the applicant is required to avoid abandonment of this application. A proper reply to a
final rejection under 37 CFR 1.113 may only be either: (1) a timely filed amendment which places the application in /
condition for allowance; (2) a timely filed Notice of Appeal (with appeal fee); or (3) a timely filed Request for Continued y
Examination (RCE) in compliance with 37 CFR 1.114.

PERIOD FOR REPLY [check either a) or b)]

a) 03 The period for reply expires 3_months from the mailing date of the final rejection.

b) D The period for reply expires on: (1) the mailing date of this Advisory Action, or (2) the date set forth in the final rejection, whichever is later. In

no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of the final rejection.

ONLY CHECK THIS BOX WHEN THE FIRST REPLY WAS FILED WITHIN TWO MONTHS OF THE FINAL REJECTION. See MPEP

706.07(f).

Extensions of time may be obtained under 37 CFR 1.136(a). The date on which the petition under 37 CFR 1.136(a) and the appropriate extension
fee have been filed is the date for purposes of determining the period of extension and the corresponding amount of the fee. The appropriate extension
fee under 37 CFR 1 .1 7(a) is calculated from: (1 ) the expiration date of the shortened statutory period for reply originally set in the final Office action; or
(2) as set forth in (b) above, if checked. Any reply received by the Office later than three months after the mailing date of the final rejection, even if
timely filed, may reduce any earned patent term adjustment. See 37 CFR 1.704(b).

1 .□ A Notice of Appeal was filed on . Appellant's Brief must be filed within the period set forth in

37 CFR 1 .192(a), or any extension thereof (37 CFR 1 .191(d)), to avoid dismissal of the appeal.

2. Q The proposed amendment(s) will not be entered because:

(a) □ they raise new issues that would require further consideration and/or search (see NOTE below);

(b) □ they raise the issue of new matter (see Note below);

(c) □ they are not deemed to place the application in better form for appeal by materially reducing or simplifying the

issues for appeal; and/or

(d) □ they present additional claims without canceling a corresponding number of finally rejected claims.

NOTE: .

3. D Applicant's reply has overcome the following rejection(s): .

4. Q Newly proposed or amended claim(s) would be allowable if submitted in a separate, timely filed amendment

canceling the non-allowable claim(s).

5. D The a)Q affidavit, b)D exhibit, or c)D request for reconsideration has been considered but does NOT place the

application in condition for allowance because: .

6. D The affidavit or exhibit will NOT be considered because it is not directed SOLELY to issues which were newly

raised by the Examiner in the final rejection.

7. E1 For purposes of Appeal, the proposed amendment(s) a)D will not be entered or b)E3 will be entered and an

explanation of how the new or amended claims would be rejected is provided below or appended.

The status of the claim(s) is (or will be) as follows:
Claim(s) allowed: .

Claim(s) objected to: .

Claim(s) rejected: 3-10 .

Claim(s) withdrawn from consideration: ,

8. D The drawing correction filed on is a)D approved or b)D disapproved by the Examiner.

9. Q Note the attached Information Disclosure Statement(s)( PTO-1449) Paper No(s). .

10. M Other: See Continuation Sheet

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SUPERVISORY IfWEWT EXAMINER

U.S. Patent and Trademark Office
PTOL-303 (Rev. 11-03)

Advisory Action

Part of Paper No. 20040126

Continuation Sheet (PTOL-303)

Application No. 09/646,349

Continuation of 10. Other: Applicants argue the Kiyoshi reference teaches the use of tin in addition to iron/nickel, and that this reference
teaches a different material. However, this argument is not persuasive because the claim is directed to "A method of producing a
material for an aperture grille for use in a color picture tube, comprising providing a low carbon steel sheet CONTAINING 9 to 30 wt%
of NL." The transitional term "comprising", which is synonymous with "including," "containing," or "characterized by," is inclusive or
open-ended and does not exclude additional, unrecited elements or method steps (i.e. TIN). See, e.g., Genentech, Inc. v. Chiron Corp.,
1 1 2 F.3d 495, 501 , 42 USPQ2d 1 608, 1 61 3 (Fed. Cir. 1 997) ("Comprising" is a term of art used in claim language which means that the
named elements are essential, but other elements may be added and still form a construct within the scope of the claim.). In view of this,
the claims are still rejected under Kiyoshi.

2